19730328 TZHC Mwanza

( .1. PLfTT I$DIC"1ON HIGH CC'1JIT CrIMINXL 'fPTL NO. 290OF 1972. (Origin'il Crimin1 No'275 of 1972 of th3 District Court of Mwanza District at Mwnz"i - Befre R. B. M .inga,sq., Senior lg Iosidan' Mistrabe), - . •, V t 4-., LDISLtUS MUNUBI BISKO.. . .. ... . . 4ê 44 ièi.1'' . •'' - V .2Hz' J'U'hLIC. • • 000• •0. V. • • ••••••• . •.. 0S (Or i gina l Pro- . ,.,. ..... ........,...... '''V CHARTT: C9rrat:trnsction.4ith a 'nt c/s 3(1) of the Praverrtio' of Corra'tion ..ict 1Jo. 16 of 1971, JUDGM'fIT. Paid, J. Anr3l1ant is convictad of tCorrt ii'añaction'iiithan agent centrry to goction 31) of -fnj rvn -t.ion of Coriution ict end is -senfenced - 3 years' irrnrisonment, LieSnow 3-s-oa1s g-inst ot}i cbnvictoh aAd sentence. .Tho.a"-ol1ar1t was at all moterial times Irimary Court M lgistra'to t iissun ii ut un Mnze District. It was e1legd he corrh-t1i $olidlt or obtain for uimsolf Sis from no Tanuinu ioc7— s 4n inducomont for favouring Tunimu in 4cb rt C in wflich TIn m was ciur - d fo.. thOit. Ging tllroLgh th reco1d it a -'ars th t TnimU infarned 'olicI ut 1aoriti3s Ibout tn and tr.A was 1 uI. On 3rc1 io/ nbar, 1971 t about 8 m. at onwe Bar the a----el1)nj - nd T.nimu mt by "re-an ing3iuiit rid Tinimtl hadod oPer five t'dnt shillings curr noy nuts to the innall ia -d.''o1ic Ofticors followed the an -mellent, -.ind stonod him. It was efl33ci by -rosacutioil that the ar'ne11 rnt with his 'left nand tooi out somthingroii his'truser nockot and tnrew it on the rounci. ", .1 - S'i. M'ch a who had a lighted torch in his hand at that time shouted !look, ne nas thrown something' and in the torcn light he snw currency notes on trio grounC. They w e re nickad an .nd on chocking it wue found that tiey were of tlue same donmination and slme narabars nreviôusly 4ven to T'animt by the olice utnorit13st -n311it s iion onIr ) ad nd convictac4. of a 'Corru.-'t translcti n id itia' 11 M, Tukunjobe for tie annoll'ant took five ;roands f an'e 1 but banioxed 4th end 5th rouxft1s -' -t trio ne'nin of this n'OC The roinuxghreo grounds of a' - 'aI are as follows: The 1-eartxod triil maist t in believing that P . 1 was in nosition to sO-3 e- 'mollnt tnrow don trio money when in fact tharo w'ld 110 libt The evidence showed quite clery that trio mouoy was found on the grouuid some nc3s from wri-er-3 the 'accused was arrested. 30 The 1carnod trial ma b istrote erred in not taxing into acco'nt the that tha innollAnt ead rc'-'or -tad. -t trio r-pOlico a Coflsit cy- to im1ic -ate rim in -a corru-tion asa, Mr. Thkun3o'b. submitted tii.t the oral of 'di"-dte is very rro-u in tiu it whethor r, aot no'lice witnossas nra tel1i the tPuth. He said trio time was 8 n.m # and incident took 'laco 20 -aces away from the b.r in much eny 0113 notrQmex (1arxf', wi 'biring at trie tim3 V •, • s I a s .ss .•. • S.. • i• . • He said only P.i.l - bgt. Macha sid no sw the accused throw down somthing but others .Li not sy so c3t.agario illy, and tni5 wee MO.Ot crucial, Ha said. thoa.h the trial magistrate said b11ave t'hi can (. .i)' in fact this is not qnoa'h anl tar3 is some roosofln)lG doabt and tie lower court she aid. n tva resolv3d this oa1et n favour Of accaseu... Mr. Mbilinyi for Roiib1ic said. it was ostae1iahed tnat mo:aay was given to t1e anell nt nicn no throw on ground n4 baairl3s light from tha b ar., s id hO xd torch nd in roh li;at na saw mono -y on roand. He said. 3vi1anr f w a s am-sly corroborated by otnar oitnasses holding 1e accused at ta.t tina. He S aid -a-1 LUULd lea dismissed. I have one through the racord carefully - nd as Mr. Tukanjoba S 1id tao area of dis-oite is very narrow in that waothr or not '-roaacution oi -bnessas ware telling tiae truth articularly - gt. Macna. Mr. lukunjoba sai. trial megiEtrate boliveci . e.J and this ne wes entitled to, In other words the issue was one of foci and credibility of witnesses in 'merticular. Trial magistrate indeed tried tiiC c so with extreme care and has do alt witn all issues bofo: him and I can see nothing wrong in J:iiS argwnants, reasoning and finding. Besides what P.1.1 said is .am'mly corrobratad by who soil after tey caaht hold of the am'm3llent tnore ne a struggle and. :a-mmell nt's left hand c me out of nis '-5OCkCt and cor'moral Macha who had a torch told t.iom nat ±ae money was thrown on the ground.. Mr.. Tukunjoba said there was only a 'rassuro 1 en in the bar and 2C 'cos away from the '-1 ce where moucy -ti s found and there was no other 11 ht for rrosecution witness:es. This with ros-'ao.t is not quite corroct. T'i.l said no hcL a torch on throughout and in torch light no saw the armnallant throw dean something, he shouted the accused throw down something and in tocn liht ha saw currency riot-as on the ground which was rickd u'm and noted tjaat it a-is has, 100/— in the some .ianunjnetion and same serial auabers as tuoso •aarlior handed over to Tanimu by 'nolice authorities. P..l is also corroborated by who said e.l nod. a ligated torch at tao mteria bima As for the third ground of aijroal it has indeed no relevance at il and net in issue and. I do not find it necessary to discuss it. Trial magistrate had, to considar all evidence hefo ...3 aim whica indeed 110 did evaluated it -and tnan made a findin. This was correct. From the oidance on record it was 'mroad beyond reasonable doubt that the ae1lent did corrantly solicit, and accent or obtained for himself Shs. ioo/— from one T nimu iarume as an inducement to forbear to convict the said Tanimu Karame in a c ace in which T-anima was facing a criminal charge foi' theft. In my view there is nothing in rocord, judgment or momor mdum of anneal that will make me reverse lower cout's finding. For these reasons this inn3al is dismissed in its entirety. 28th March, 1973. (1r. B. Ptol). JUDG'r. Delivered in court this 30th day of March, 1973 in nresance of Mr. Tukunjobo for an'-el1ant mci Mr. Ntuby - the State Attornoy, Mwa nza. B. Petal). 30th March 1973, JUDG2.